Expert Witness Marketing and News Blog

A Marketing and News Blog dedicated to the Expert Witness community

Narrow definition of the expertise insufficient to exclude: Missouri district court

The Missouri district court recently ruled upon a transportation expert witness testimony in the case of Perrin v. Papa John’s International, Inc. and held that a narrow definition of the expertise does not necessarily render the expert’s opinion unreliable and irrelevant. Background of the case Asserting violation of the Fair Labor Standards Act and the minimum wage […]

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Insurance expert witness allowed to use second hand data in Michigan

An expert may utilize otherwise inadmissible reports prepared by others in forming his or her opinion if the facts or data are of a type reasonably relied upon by experts in the particular field. Essentially this was the crux of the Michigan district court’s recent ruling in allowing the opinion testimony of an insurance expert […]

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Biomechanical engineering expert witness excluded for opining on matters beyond his expertise

An expert witness should always stick to his area of expertise while offering testimony, no matter how knowledgeable he thinks himself to be. The lesson was learnt the hard way for a biomechanical expert witness in Oaks v. Westfield Ins. Co., when the Louisiana district court decided to exclude his testimony for opining on matters […]

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Six expert witnesses challenged in trade secret misappropriation case

The United States has identified industrial spying as a significant and growing threat to the nation’s prosperity. In a recent judgment involving economic espionage, the California District Court ruled upon six expert witness testimonies, and confirmed yet again that “vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the […]

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Civil engineering expert witness excluded in maritime negligence case

The Florida District Court recently excluded a civil engineering expert witness, saying “fundamental problems with [the expert’s] methods do not simply affect the weight or persuasiveness of his testimony but instead show that his basic theories, techniques, and conclusions are unreliable. Accordingly, [his] proposed testimony concerning the alleged dangerous condition of the Norwegian Sky’s pool deck must […]

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New Mexico Court sheds light on “non-retained” experts’ disclosure

In a recent decision (Peshlakai v. Ruiz) the primary issue before the United States District Court of New Mexico was that whether the Court should strike Plaintiffs’ 142 “non-retained expert” witnesses and require each witness to comply with the disclosure requirements of Rule 26 of the Federal Rules of Civil Procedure. The Court clarified the […]

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Experts’ exclusion denied when argued on weight rather than admissibility

There exists a thin dividing line in deciding when an issue goes to the weight, rather than admissibility of the expert evidence. A few days back, the Washington district court in Lipson v. On Marine Services Co., LLC, denied Defendants’ motion to exclude three of the Plaintiff’s experts’ testimony, saying Defendants’ arguments were matters for […]

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Economic expert witness fails to clear Daubert hurdle in Missouri

Recently an economic expert witness was called on board to testify about lost wage issues. Unfortunately, he failed to clear the Daubert challenges posed by the opposite party and the Missouri district court had no choice but to exclude his expert testimony. Particulars of the case Plaintiff Roger Mallicoat was employed as a deckineer on […]

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Jury awards eight hundred thousand dollars for tripping accident, Court refuses new trial

A motion for new trial is filed when an aggrieved party asks the court to overturn or set aside its decision. However, in Ferguson v. Great Atlantic & Pacific Tea Co. Inc. Defendants failed to convince the Pennsylvania District Court that a refusal to grant a new trial would be inconsistent with substantial justice, since they […]

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Court convinced by fumigation expert witness testimony on technicalities

A fumigation expert witness with more than 40 years of experience was recently retained to support Plaintiff’s claims of negligence in fumigation in the case of Cargill Inc. v. Degesch America, Inc. After careful consideration, Louisiana district court held his testimony to be relevant and reliable. Facts of the case Plaintiffs Cargill Inc. were the […]

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Engineering expert witnesses called to settle insurance dispute in Georgia

On Dec 18, 2013, the Georgia district court happened to rule upon two civil engineering expert witnesses in an insurance claim dispute (Cornerstone Missionary Baptist Church v. Southern Mutual Church Ins. Co.) While one of them was partially admitted, the other failed to clear the hurdle of appropriate qualifications. Particulars of the case This case […]

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Expert witnesses excluded in defective medical device case in Texas

Under Texas law, apart from being qualified by knowledge, skill, experience, training, or education, an expert’s testimony must also be based on an adequate factual basis so that it does not amount to conjecture, speculation or incompetent evidence. In Schronk v. Laerdal Medical Corp., a litigation that involved an allegedly defective external defibrillator device, the […]

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Environmental expert witnesses pass Rule 702 test in Louisiana

Two environmental expert witnesses were recently challenged in Louisiana for testifying with “unsound methodology, ipse dixit reasoning, and disregard [of] the uncontested facts of the case.” After careful review, the Louisiana district court found both of their opinion to be sufficiently relevant and reliable for admissibility under Rule 702 and denied the motion to exclude. […]

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Architecture expert witness testifies on Hurricane Dolly damage

Amongst the hundreds of hurricane property insurance problems that come up to Court everyday for denial and underpayment issues, the latest was Dinker v. Nationwide Mutual Ins. Co. The architecture expert witness retained to prove damage was challenged on grounds of qualification and reliability, but successfully proved his merit before the Texas District Court. Facts of […]

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Fifth Circuit affirms exclusion of environmental engineering expert witness

A few scattered errors in an expert report are not necessarily grounds for exclusion. Here, however, the universe of facts assumed by the expert differs frequently and substantially from the undisputed record evidence. Additionally, the expert made numerous assumptions with no apparent underlying rationale. Accordingly, the district court did not abuse its discretion in holding […]

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Marketing experts prove their mettle in Tennessee

Two renowned marketing expert witnesses were recently hired by two litigating parties to conduct online surveys on the same topic and quite predictably, each expert managed to reach the result that was most favourable to his client. Despite strong arguments and Daubert motions to exclude, the Tennessee district court decided to allow both experts to […]

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Crying over spilt syrup: a Second Circuit judgment

On 20th December 2013, the Second Circuit vacated a New York district court ruling (Bynoe v. Target Corp.) for erroneously excluding a safety expert witness testimony on injuries caused by spilt syrup. The expert’s testimony created a genuine issue of material fact, said the Court of Appeals, and held the lower court’s grant of summary judgment as […]

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